Aug 24, 2022

One Last Crash For Knievel

A United States appeals court has upheld the earlier decision of a Nevada federal court, causing one final blow for the estate of Evel Knievel.

Last autumn we reported K & K Promotions, the owner of the late Evel Knievel’s intellectual property and publicity rights, issued proceedings against Disney over the character Duke Caboom in Toy Story 4.

The Nevada federal court ruled in favour of Disney, dismissing the claims of K & K Promotions on the grounds there was enough difference between Duke Caboom and Evel Knievel. The court went a step further to rule Disney had not intentionally mislead the relevant public. K & K Promotions appealed the decision.

This week, a three-judge panel ruled “unlike Evel Knievel, Duke Caboom is a fictional character in an animated film about toys that come to life”. Further, Disney differentiated Caboom from Knievel in that the character has a different name, appearance and backstory.

For one last time, this claim has crash landed!

If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 291 4000 or legal@mcdanielslaw.com.

in: Case Law, Companies, Consumer Law, EU/International, Legal News, News, Trade Marks

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